Wooten v. The Superior Court Of San Bernardino County

93 Cal. App. 4th 422 (2001)

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Nature of the Case

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Facts

Ds worked as managers at the Flesh Club. The main room consisted of a stage on which nude dancers performed. It was surrounded by chairs and couches; the couches were used for lap dances. A separate room, called the V.I.P. Room, included five to 10 booths. Each booth was about five feet square and furnished with two small couches and a lamp on a table. The entrance to each booth was partially covered by a sheer curtain. Officers visited the Flesh Club, posing as customers. The Flesh Club is a standard 'strip joint.' The Club also offered semiprivate rooms in which, for $240, plus an optional gratuity, a customer could watch two naked women perform sexual acts on each other for approximately nine minutes. The officers went into one of the booths with two female dancers. For about nine minutes, the dancers performed sexual acts on each other. One of the girls did, in fact, offer an officer a hand job. Police executed a search warrant. Ds got a cut from each of the private shows performed. Ds were charged with pimping and pandering. Ds then moved to set aside the information in that there was no underlying charge of prostitution supporting the chargers. The trial court refused. Ds filed a petition for writ of prohibition and the State Supreme Court, granted the petition for review.